CAT/OP/GAB/1
71. The State party must ensure that the quantity and the quality of food
distributed in prisons conform to the relevant international standards 9 and
actually increase the food budget so that it corresponds to the number of
detainees held, rather than a prison’s nominal capacity.
72. Given the urgency of the situation, the Subcommittee urges the State party
to expedite the projects for the construction of new prisons so that the existing
prisons can be closed down as soon as possible. The new prisons should be
designed and built in compliance with the United Nations Standard Minimum
Rules for the Treatment of Prisoners.
(iii)
Prison overcrowding and pretrial detention
73. The Subcommittee is deeply concerned by the endemic overcrowding in all the
prisons visited, illustrated by the example of Libreville Central Prison, which, at the
time of the visit, housed 1,653 detainees for a nominal capacity of 300, an occupancy
rate of nearly 550 per cent. Prison overcrowding is such that the yards are often not
large enough to accommodate all the inmates of the section at the same time and
additional levels have had to be installed in some cells to increase capacity. In
Libreville, for example, the Subcommittee visited cells of 16m 2 in which 22 persons
were held for more than 12 hours each day.
74. The Subcommittee notes that the overcrowding is exacerbated by the particularly
high number of prisoners awaiting trial. It notes that the warrants of committal issued
by the investigating judge do not all seem to state the grounds for committal, thus
violating the principles of individual freedom and the presumption of i nnocence. This
is not consistent with the rule of law.
75. The delegation received reports that many prisoners on remand had been held for
periods far exceeding the maximum penalty of imprisonment to which they could be
sentenced if convicted of the offence with which they stood accused. There can be no
justification for holding remand prisoners beyond the period equivalent to the
maximum sentence imposable for the offence of which they stand accused.
76. The Subcommittee is concerned by testimonies indicating that detainees have to
present the hearing results issued by the court, which is reported as being a real
obstacle to their release. It is, moreover, concerned by the situation of detainees,
particularly minors, whose death sentences have not yet been commuted following the
adoption of Act No. 3/2010 of 15 February 2010 abolishing the death penalty.
77. The Subcommittee recommends that a concerted strategy be adopted by the
authorities to reduce the prison population through a combination of measures,
including:
The release of all remand prisoners who have already been in custody for
longer than the maximum prison sentence imposable for the offence of
which they stand accused;
The use of non-custodial measures for children;
Diversion from custody of persons charged with petty offences through the
use of other measures (such as release on bail) or a fine proportionate to the
financial means of the individual person;
Conditional release in accordance with articles 121 et seq. of the Code of
Criminal Procedure (with or without bail) and the use of pretrial detention
only in exceptional circumstances, as stipulated in article 115 of the Code;
__________________
9
GE. 15-10283
United Nations Standard Minimum Rules for the Treatment of Prisoners, rule 20.
15/24
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